beta
(영문) 대구지방법원 2017.01.11 2016고정791

배임

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has been sead with a used motor vehicle.

On December 15, 2014, the defendant extended money to the victim E (38 Does and South Korea) as collateral for the FMW528 car volume owned by the defendant in Daegu-gu, Daegu-gu, the defendant extended money to the victim E (38 Does and South Korea) within one month, and if the above money is not repaid, it shall be possible to have another person who transferred the above vehicle and sell the vehicle if he/she is unable to do so, and if he/she did not repay the above money after borrowing KRW 25 million on the condition that the vehicle will be transferred, he/she shall give the victim all necessary documents, such as the vehicle and the renunciation of the vehicle, the letter of consent to use the vehicle, etc., and if he/she did not repay the money after borrowing the above money from the victim on the condition that the vehicle will be transferred to the victim, he/she shall obtain the above vehicle's name and transfer the money to G on July 9, 2015, and he/she shall obtain the above amount of money to the victim as collateral.

Summary of Evidence

1. Legal statement of the defendant (as at the date of the eight public trial, in the case of the defendant);

1. Each police statement protocol with respect to E and G;

1. Complaint;

1. A letter of waiver of a vehicle, a letter of waiver of a vehicle, a written consent for vehicle use, a borrowing certificate, a power of attorney, a letter of consignment for automobile trade, and a certificate of seal impression;

1. Vehicle registration certificate and vehicle registration ledger;

1. Application of investigation report (as to the attachment of a detailed statement of passbook), and statutes on transaction of passbooks;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;